Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following points.

Article 1(c) and (d) of the Convention. In comments it has been making since 1978, the Committee has been referring to section 7(1)(a), (c), (d) and (e) of the Seamen (Foreign) Act, Chapter 177, according to which a seafarer belonging to a foreign ship who deserts or commits certain other disciplinary offences is liable to imprisonment (involving an obligation to perform work). It also noted that under section 8 of the same Act and section 165 of the Merchant Shipping Act, foreign seafarers deserting their ship may be forcibly returned on board ship.

The Committee pointed out that sanctions of imprisonment (involving an obligation to perform labour) would only be compatible with the Convention where they are clearly limited to acts endangering the safety of the ship or the life or health of the persons on board, but not where they relate more generally to breaches of labour discipline, such as desertion, absence without leave or disobedience; similarly, provisions under which seafarers may be forcibly returned on board ship are not compatible with the Convention.

The Committee noted the Government’s indication in its previous report that the abovementioned section 165 had been amended. It notes, however, that section 161 of the revised text of the Merchant Shipping Act (Chapter 242) (Consolidated to No. 67 of 1996), supplied by the Government, still contains a provision similar to that of the former section 165 and allows a forcible return of a deserting foreign seafarer on board ship, which is not compatible with the Convention.

As regards section 7(1)(a), (c), (d) and (e) and section 8 of the Seamen (Foreign) Act, the Committee previously noted the Government’s indication that, although necessary steps had been taken with the Department of Transport towards amending these provisions, no amendments had taken place due to continuous staff changes and movements. The Committee also noted the Government’s intention to ask for ILO technical assistance in this respect. The Government’s latest report contains no new information on this point.

The Committee expresses the firm hope that the abovementioned provisions will at last be brought into conformity with the Convention, and that the Government will soon be in a position to indicate the measures taken to this end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.